[Congressional Record Volume 166, Number 91 (Thursday, May 14, 2020)]
[Senate]
[Page S2458]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1586. Mr. PAUL proposed an amendment to the bill H.R. 6172, to 
amend the Foreign Intelligence Surveillance Act of 1978 to prohibit the 
production of certain business records, and for other purposes; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. LIMITATION ON AUTHORITIES IN FOREIGN INTELLIGENCE 
                   SURVEILLANCE ACT OF 1978.

       (a) Foreign Intelligence Surveillance Act of 1978.--
       (1) In general.--The Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1801 et seq.) is amended by adding at the 
     end the following:

                        ``TITLE IX--LIMITATIONS

     ``SEC. 901. LIMITATIONS ON AUTHORITIES TO SURVEIL UNITED 
                   STATES PERSONS AND ON USE OF INFORMATION 
                   CONCERNING UNITED STATES PERSONS.

       ``(a) Definitions.--In this section:
       ``(1) Pen register and trap and trace device.--The terms 
     `pen register' and `trap and trace device' have the meanings 
     given such terms in section 3127 of title 18, United States 
     Code.
       ``(2) United states person.--The term `United States 
     person' has the meaning given such term in section 101.
       ``(b) Limitation on Authorities.--Notwithstanding any other 
     provision of this Act, an officer of the United States may 
     not under this Act request an order for, and the Foreign 
     Intelligence Surveillance Court may not under this Act 
     order--
       ``(1) electronic surveillance of a United States person;
       ``(2) a physical search of a premises, information, 
     material, or property used exclusively by, or under the open 
     and exclusive control of, a United States person;
       ``(3) approval of the installation and use of a pen 
     register or trap and trace device to obtain information 
     concerning a United States person;
       ``(4) the production of tangible things (including books, 
     records, papers, documents, and other items) concerning a 
     United States person; or
       ``(5) the targeting of a United States person for the 
     acquisition of information.
       ``(c) Limitation on Use of Information Concerning United 
     States Persons.--
       ``(1) Definition of aggrieved person.--In this subsection, 
     the term `aggrieved person' means a person who is the target 
     of any surveillance activity under this Act or any other 
     person whose communications or activities were subject to any 
     surveillance activity under this Act.
       ``(2) In general.--Except as provided in paragraph (3), any 
     information concerning a United States person acquired under 
     this Act shall not be used in evidence against that United 
     States person in any criminal, civil, or administrative 
     proceeding or as part of any criminal, civil, or 
     administrative investigation.
       ``(3) Use by aggrieved persons.--An aggrieved person who is 
     a United States person may use information concerning such 
     person acquired under this Act in a criminal, civil, or 
     administrative proceeding or as part of a criminal, civil, or 
     administrative investigation.
       ``(d) Warrants.--An officer of the United States seeking to 
     conduct electronic surveillance, a physical search, 
     installation and use of a pen register or trap and trace 
     device, production of tangible things, or targeting for 
     acquisition of information with respect to a United States 
     person as described in subsection (b) may only conduct such 
     activities pursuant to a warrant issued using the procedures 
     described in the Federal Rules of Criminal Procedure by a 
     Federal court other than the Foreign Intelligence 
     Surveillance Court.''.
       (2) Clerical amendment.--The table of contents preceding 
     section 101 is amended by adding at the end the following:

                        ``TITLE IX--LIMITATIONS

``Sec. 901. Limitations on authorities to surveil United States persons 
              and on use of information concerning United States 
              persons.''.

       (b) Limitation on Surveillance Under Executive Order 
     12333.--
       (1) Definitions.--In this subsection:
       (A) Aggrieved person.--The term ``aggrieved person'' means 
     a person who is the target of any surveillance activity under 
     Executive Order 12333 (50 U.S.C. 3001 note; relating to 
     United States intelligence activities) or any other person 
     whose communications or activities were subject to any 
     surveillance activity under such Executive Order.
       (B) Pen register; trap and trace device; united states 
     person.--The terms ``pen register'', ``trap and trace 
     device'', and ``United States person'' have the meanings 
     given such terms in section 901 of the Foreign Intelligence 
     Surveillance Act of 1978, as added by subsection (a).
       (2) Limitation.--Except as provided in paragraph (3), any 
     information concerning a United States person acquired under 
     Executive Order 12333 (50 U.S.C. 3001 note; relating to 
     United States intelligence activities) shall not be used in 
     evidence against that United States person in any criminal, 
     civil, or administrative proceeding or as part of any 
     criminal, civil, or administrative investigation.
       (3) Use by aggrieved persons.--An aggrieved person who is a 
     United States person may use information concerning such 
     person acquired under Executive Order 12333 in a criminal, 
     civil, or administrative proceeding or as part of a criminal, 
     civil, or administrative investigation.
                                 ______
                                 
  SA 1587. Mr. CORNYN (for Mr. Grassley (for himself and Mr. Booker)) 
proposed an amendment to the bill S. 3607, to extend public safety 
officer death benefits to public safety officers whose death is caused 
by COVID-19, and for other purposes; as follows:

       In section 2(a)(5), strike ``deaths resulting from 
     infectious disease sustained by public safety officers in 
     carrying out their duties, the determination of claims may'' 
     and insert ``deaths and permanent and total disabilities 
     resulting from infectious disease sustained by public safety 
     officers in carrying out their duties, the determination of 
     claims involving personal injuries believed to have resulted 
     from COVID-19 or its complications may''.
       In section 3, strike ``As determined'' and insert ``(a) 
     Death Benefits.--As determined''.
       At the end of section 3, add the following:
       (b) Disability Benefits.--As determined by the Bureau of 
     Justice Assistance, COVID-19 (or complications therefrom) 
     suffered by a public safety officer shall be presumed to 
     constitute a personal injury within the meaning of section 
     1201(b) of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (34 U.S.C. 10281(b)), sustained in the 
     line of duty by the officer, if--
       (1) the officer engaged in a line of duty action or 
     activity between January 1, 2020, and December 31, 2021; and
       (2) the officer was diagnosed with COVID-19 (or evidence 
     indicates that the officer had COVID-19) during the 45-day 
     period beginning on the last day of duty of the officer.

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